Updating post from Reddit.
Tenants just signed 12m tenancy through a major Estate Agent. They requested i put furniture in so put in what they requested including beds and sofa prior to them moving in. Then after handing the keys over a family member of the tenant viewed the property and hated it. They requested various fixes, all of which i complied with. But still they want to leave and now trying to get out of the contract. The EA said it will hold them liable.
What does this mean for me? What options do I have. Do i just let the EA start legal proceedings against them (if that is what they intend). And does that mean I will not see any of the rent. They signed a zero deposit scheme of which ive never heard of before. I wish I had asked them to sign a normal deposit scheme.
Sounds like you dodged a bullet having these tenants. Just start the process again.
Sack the agent as well. A property's not let until you get the deposit an up front rent.
Absolutely. Had a tenant move in and complain about the size, number of rooms etc. When I said that they'd viewed twice and then signed and sent deposits, they said it was their parents who did that. I offered them an immediate termination of contract less one month of rent and deposit return as well as unsolicited advice to view their own potential homes.
The strange thing is on paper these were dream tenants. Middle class types, professional jobs in the medical industry. They were such dream tenants on paper I didn't even take out rent insurance to my extreme cost now.
Lesson learned re deposits, then, eh?
As regards your next action look at the contract. Most have a minimum period of tenancy for a specific and fixed amount of rent. Usually it's 12 months fixed, then month to month.
If that's what you agreed, then they owe you 12 months rent. If they aren't paying up get a CCJ on them to warn others.
Their only defence would be that you failed on your side of the contract in some way which made the premises unreasonable or impossible to live jn. Dirty, bug-ridden beds or gas leaks etc. Wanting Old English Cream on the walls and not Magnolia would be insufficient to cancel imho.
You might also have a case for compensation against the agent if they acted without due care for your interests
I pay £2200 a month to rent my flat in Islington. The building has mice. It's not enough for me to break my contract. Contracts are legally binding. I'm so surprised by this behavior displayed by the tenants
If they've returned the keys then they've surrendered the tenancy. Get the flat rented ASAP.
Now take legal action to cover the rent owed. They are contractually obliged. In your letter before action, advise them that they will be obligated to pay all your legal costs in chasing them. You can also get them to pay your re-letting fees.
Do you have a forwarding address to serve legal papers?
Perhaps be friendly and ask for a forwarding address before initiating legal proceedings
Yes I have their previous addresses (3 tenants and have all their addresses and also their guarantors addresses). Is it up to me to initiate legal proceedings or the EA? Also I noticed they did not put utility bills in their name yet. Shall I go ahead and do this? I put council tax in their name already.